Petitioner Bihar School Examination Board was the opposite party before the District Forum.

          Respondent/complainant appeared in annual examination in the year 1986 as an independent student through Adarsh High School, Phulwaria, East Champaran, Bihar.  She was assigned              Roll No. 10 and Roll Code 5511. Respondent passed the examination in  2^nd  division.   Date  of  Birth  in  the  Admit  Card  issued  by  the

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petitioner was shown as 28.10.1968.  The said Date of Birth was also shown in the School Leaving Certificate issued by respondent No. 2, but in the original certificate issued by respondent No. 1, the Date of Birth of the appellant was mentioned as 20.10.1968.  Respondent requested the petitioner to correct the Date of Birth.  Meanwhile, the respondent published in a newspaper that if there is any mistake in any certificate the same may be sent with concerned certificates along with the Demand Draft of Rs.250/-.  Respondent accordingly sent the certificate along with concerned papers and Demand Draft of Rs.250/- for correction of her Date of Birth in the original certificate before the last date.  The said correction was not carried out.  Respondent, thereafter, filed a complaint before the District Forum.

          District Forum after examination of the evidence led by the parties, directed the petitioner to issue original certificate mentioning Date of Birth to be 28.10.1968 and sum of Rs.200/- be deducted from the salary of the employee/officer who is responsible for the same and paid to the respondent as litigation costs.

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          Aggrieved by the order passed by the District Forum, petitioner filed an appeal before the State Commission.  State Commission has upheld order passed by the District Forum.     

          Counsel for the petitioner relying upon a recent judgment of Hon’ble Supreme Court in “Civil Appeal No.3911/2003 titled as Bihar School Examination Board Vs. Suresh Prasad Sinha decided on 04.9.2009”, contends that the complaint against petitioner was not maintainable.  In the said judgment, Hon’ble Supreme Court has held that function of the Board is to conduct school examinations.  The statutory function of the Board involves holding periodical examinations, evaluating the answer sheets, to declare the results, issuance of certificates; that any order passed by the authorities in exercise of statutory functions cannot be made subject matter of consumer disputes. 

          With respect, we agree with the said view.  View of Hon’ble Supreme Court as well as this Commission has consistently  held that the order passed by University or Examination Board in exercise of statutory duties cannot be made a subject matter of complaint in          the consumer forums but if the order had been passed in exercise of

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administrative duties then the complaint would be maintainable in the consumer forums.  In the present case, the petitioner has been directed to issue certificate giving correct Date of Birth.  Date of Birth had been wrongly mentioned in the certificate issued by the petitioner.  The foras below have simply directed the petitioner to correct the Date of Birth and issue a fresh Certificate showing the correct Date of Birth.  Issuance of Certificate with correct Date of Birth is not statutory function of the petitioner Bihar School Examination Board.  This is an administrative order.  The judgment cited would have no application to the facts of the case.  We find no infirmity in the order passed by the State Commission.  Revision petition is dismissed.  No costs.